The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1887-08-17
DESERT LANDS.
The commissioner of The General Land
Onice Makes New and Import.
ant KulingS.

From a circular recently issued from
the general land office at Washington We
make the following exstracts:
The first section of the act of March 3
1877, entitled IAN act to provide for the
sale of desert lands in certain States and
Territories" provides for the reclama
lion OF such lands by conducting watel
upon the same" The second section
provides that all lands exclusive of tim
Der lands and mineral lands, which will
not. without artificial irrigation, produce
some agricultural crop, shall be deemed
desert lands within the meaning of this
act" and the third section provides
that the determination of what may be
considered desert lands shall be subject
to the decision and regulation of the
Commissioner of the general land office
1t is therefore prescribed as follows:
Lands bordering upon streams, lakes
or other natural borders of water, or
through Oh upon which there is any river
stream, arrive, lake, pond, body of water
or living spring, are not subject to entey
under the desert land law until the
clearest proof of their desert character is
furnished.
Lands which produce native grasses
sufficient in quantity, if unfed by grazing
animals, to make an ordinary crop of
hay in usual seasons are not desert
lands.
Lands which will produce an a.ricul
tural crop Of any kind, in amount to
make the cultivation reasonably re-
munerative, are not desert.
Lands containing sufficient moisture a
natural growth of trees, are not to be
classed as desert lands.
The amount of land which may be en-
tered by any one person under the
desert land act cannot exceed one
section, or six hundred and forty acres,
which must be in compact form, and no
person can make more than onecntry.
Desert land entries are not ~assiguatlc,
and the transfer of such entries whether
by deed, contract, or agreement, vitiatcs
the entry. An entry made IN the in
terest or for the benefit of any other
person, firm or corporation, or with in
tent that the title shall lie conveyed To
any other person, firm, OF corporation,
is illegal.
The price at which lands may be en-.
tered under the desert land act is the
same as under the prescription law.
Attention is called to the terms of
declaration as provided be existing re-
%gulations, which are such as require a
personal knowledge by the entrymen of
lands intended to be entered. The re.
quired affidavit cannot be made by an
agent nor upon information ami belief.
The declaration and corroborating
afidavits NAV be made before either the
Register or Receiver of the land district
in which the lands are situated, or be-
fore the Judge or clerk ola court of record
of the county in which the lands are
situated.
Surveys of deserts land claims cannot
be made in advance of the regu lar pro-
gress of the public surveys. After a
township has been surveyed the claim
must be adjusted to the lines of the sur
vey.
Persons making desert land entries
must acquire n clear right to the use of
sufficient water for the purpose of irrirat-
ing the whole of the land, and of keep
ing it permanently irrigated. A person
who makes a desert land entry before he
b bah a FISH; fahh A NJ Mp bne r thaEEy,d sssa IL Ct his is
his right of entry, such right cannot be
restored or again exercised because OF
failure to obtain water or irrigate the
land selested by him.
The whole tract and each legal sub
division for which proof is offered must
be actually irrigated. If there are some
high points or uneven surfaces which
are practically not susceptible of irriga.
ton, the nature, extent, and area of such
spots must be fully stated.
Before final proof shall hereafter be
submitted by any person claiming to en-.
ter land under the desert land act, such
person will be required to file a notice
of intention to made such proof which
shall be published in the same manner
as required in homestead and %preemption
cases.
Nothing herein will be construed 10
have a retroactive effect in cases where
the official regulations of this depart
ment in force ut the date of entry were
complied with.
A married women may make a desert
land entry.